This Social Media Non Disclosure Agreement is essential for businesses operating in Ireland that share sensitive social media-related information with third parties or employees. The document becomes necessary when companies need to protect confidential information such as social media strategies, analytics, account access credentials, customer data, and promotional campaigns. It is particularly relevant in the context of Irish and EU data protection laws, including GDPR, and addresses specific requirements for digital communications and social media platforms. The agreement should be used when engaging social media agencies, consultants, employees, or other parties who will have access to sensitive social media information. It includes provisions for data protection, security measures, and breach prevention specific to the Irish legal framework.
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1. Parties: Identification of the parties entering into the agreement, including the disclosing party and receiving party
2. Background: Context of the agreement and relationship between parties regarding social media activities
3. Definitions: Key terms including 'Confidential Information', 'Social Media Platforms', 'Social Media Content', 'Trade Secrets', 'Personal Data'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in social media context, including account credentials, analytics, strategies
5. Confidentiality Obligations: Core obligations regarding non-disclosure, protection, and permitted uses of confidential information
6. Social Media Platform Specific Requirements: Platform-specific confidentiality requirements and handling procedures
7. Data Protection Compliance: GDPR and Data Protection Act 2018 compliance requirements
8. Security Measures: Required technical and organizational measures to protect confidential information
9. Term and Survival: Duration of the agreement and obligations that survive termination
10. Return or Destruction of Information: Procedures for handling confidential information upon termination
11. Breach and Remedies: Consequences of breach and available remedies
12. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement
1. Permitted Disclosures: Used when certain types of disclosures need to be explicitly allowed, such as to professional advisors or required by law
2. Third Party Access: Include when third-party contractors or agencies may need access to social media accounts
3. Intellectual Property Rights: Add when specific IP protection beyond general confidentiality is needed
4. Employee/Contractor Obligations: Include when agreement covers obligations for employees/contractors
5. International Data Transfers: Required when confidential information may be transferred outside the EEA
6. Crisis Management: Include for procedures during social media crises or security breaches
7. Competition Law Compliance: Add when parties are competitors or in sensitive market positions
1. Schedule 1 - Specified Social Media Platforms: List of specific social media platforms covered by the agreement
2. Schedule 2 - Security Protocol: Detailed security measures and protocols for protecting confidential information
3. Schedule 3 - Authorized Personnel: List of individuals authorized to access confidential information
4. Appendix A - Data Processing Requirements: Detailed GDPR-compliant data processing terms if applicable
5. Appendix B - Platform-Specific Confidentiality Requirements: Specific requirements and procedures for each social media platform
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